- Amsys payment terms are 15 days from collection (Invoice date).
- Amsys have no liability for data on the devices. We will use best efforts to ensure data is not lost but it is the responsibility of the device owner to back up prior to submitting for repair.
- Warranty on repairs is 90 days for parts, and because Amsys are an Apple Authorised Service Provider the Apple warranty is recognised in all Apple stores and other AASP’s. Warranty on third party parts may differ.
- Any units not collected within 90 days will be disposed of.
1.1 Terms Apply
These terms and conditions (“Terms”) apply to diagnostic, analytical, repair, part replacement, maintenance and other services to both in-warranty and out-of-warranty Products (“Services”, “Servicing” or similar term) by Amsys Ltd, Amsys Mobitech Ltd or Amsys Aftermarket Services Ltd (“Amsys”). These Terms apply to any purchaser/owner and/or potential purchaser (“Customer”) of computer hardware products, including phone and tablets, and/or computer accessory products (“Products” or “Product”) seeking or receiving such Services. If Amsys and Customer have entered into a separate written contract relating to the Services, these Terms apply additionally to the extent not inconsistent with the terms of that separate agreement.
1.2. AppleCare Protection Plan, Apple Limited Warranty and Samsung Warranty
Where the product is covered by a valid Apple or Samsung Warranty (AppleCare Protection Plan, Apple Limited Warranty, Repair Extension Program, Samsung Warranty or Customer Satisfaction code), Amsys will provide Services, as covered by the specific Warranty, to the Customer at no additional cost and the Apple or Samsung Warranty Terms and conditions apply. Where Services are requested by customer that are not covered by the Warranty, (eg, where carriage is not covered, liquid damage is subsequently discovered, part upgrades, etc) then the clauses of these Terms and Conditions apply.
1.3 Amsys Ltd’s Service Fees
Amsys (unless the Customer is otherwise advised in writing) charges Customer, and Customer shall be liable to pay, a Service Diagnostic Fee and courier fee where applicable, which represents work and services incurred to transport (to and from the relevant service centre where necessary), review, test, evaluate and diagnose alleged or actual Product defects, and to issue a quote of estimated fees to be incurred for services and parts needed to rectify product defects. The specific amount of the diagnostic fee, which varies between approximately £50 – £100 (subject to revision from time to time), is advised by telephone and/or in writing including e-mail or specified on the Amsys website. The service Fee is chargeable and payable by the Customer whether or not Customer ultimately instructs Amsys to service the relevant Product.
1.4. Quote by Amsys Ltd
Amsys will only provide Services to Customer if or (at Amsys.’s discretion) to the extent that Amsys issues a valid written quote, and Customer accepts Amsys’s quote in writing within the validity period of the quote by signing the quote where indicated and sending it to Amsys or otherwise in a manner satisfactory to Amsys. The quote will include the Service price, parts/components replacement or repair estimate, and other terms specific to Customer’s Services requirements. A quote will only be valid for 7 days, unless otherwise specified in the quote. If Customer does not communicate its acceptance of a quote in writing within that period, Amsys may assume that the Customer has rejected the quote. Amsys has full discretion to issue or decline to issue a quote. All quotes are subject to availability of the necessary components at the time of acceptance. If the need for additional work becomes apparent after work has commenced Amsys reserves the right to suspend the Services and submit a revised quote. If Customer accepts such revised quote it shall take the place of the original quote. If customer does not wish to proceed on the basis of the revised quote, Customer shall be liable to pay for the Services and parts rendered by Amsys to the date of the revised quote.
1.5 Terms exhaustive
Except as indicated in 1.1 above, these Terms, and the terms of any valid quotes or confirmations by Amsys (together, a “Contract”) concerning the Services, are exhaustive of terms applicable to the Services. These Terms displace all other terms or conditions, written or oral, implied by trade custom or course of dealing, however introduced, unless otherwise expressly agreed by Amsys in writing, including terms in catalogue specifications or any Customer’s general terms and conditions, requests for quotation, and orders or confirmations and all other Customer’s terms and conditions. Customer agrees to be bound by these Terms whether or not expressly so stated in any order, confirmation or otherwise. Each deviation from or modification of these Terms requires the express written agreement of Amsys in each case. Modification or waiver of any other provision in one case does not constitute modification or waiver in any other case.
2. RESERVATIONS AND REQUIREMENTS
2.1. Right to decline to repair
Notwithstanding that Customer has accepted Amsys’s quote for Services, Amsys reserves the right to decline to repair or provide other Services on Products if the manufacturer’s serial number has been altered, deleted, removed or made illegible, or if the Products have been physically, mechanically or electronically altered (whether from the manufacturer’s original design and/or specifications or otherwise), or improperly used. Amsys reserves the right to decline to repair, or provide other Services on Products if the device has, or Amsys suspects that the device has been, subject to service of any kind by a Service Provider not expressly authorised by Apple/Samsung to deliver service on that Product. Customer will be responsible for transport costs and other expenses incurred by Amsys in returning Products (whether or not serviced) to Customer, including the service diagnostic fee referred to in section 1. Amsys will have no further obligation or liability under the relevant Contract.
2.2. Services limited to Apple and Samsung Products
Services will be conducted only on computer hardware, Devices and or accessory hardware components manufactured by Apple or Samsung, and will not be provided on any software provided with the Products.
2.3. Customer to remove other attachments
Prior to dispatching any Product to Amsys for Services, Customer must remove all features, parts, options, and attachments, which are not manufactured by Apple or Samsung, or covered by guarantee or warranty by Apple or Samsung or related Guarantee. If in doubt, Customer should contact Amsys or ask the service representative for more detailed information on which components or features of a Product should be removed prior to dispatch to Amsys for Servicing. Amsys will not be liable for any loss or damage to such features, parts, options and attachments, if not removed prior to dispatch to Amsys.
2.4 Customer Back up
Prior to dispatching or delivering any Product to Amsys for Services, Customer must make a back-up copy of all contents on the Product’s hard drive or other local drives or data storage media, including any data stored or any installed software. Amsys will not be responsible for any damage to or loss of any programs, data, or other information stored on any media or any part of any Product. Without limiting the warranty and liability exclusions in these Terms, Amsys will not be liable for the consequence of business loss in case of system failure.
3. NO IMPROVEMENTS OR MODIFICATIONS ADDITIONAL TO THOSE QUOTED
Amsys has no obligation to make or implement any improvements or modifications to Products that would affect form or function unless expressly stated in the applicable quote accepted or confirmed by Customer.
4. SPARE PARTS
Parts and components used to repair or provide other Services on Products will be Authorised parts and may be new or reconditioned. Reconditioned parts will meet the same factory specifications as new parts and will be their functional equivalent. All replaced (ie. defective) parts and components of Products serviced by Amsys , become the property of Amsys and Customers will not be compensated or otherwise credited in respect thereof.
5. AMSYS WARRANTY
Parts and components used to repair or provide other Services on Products will be warranted for defect for 90 days following completion of the Service. This warranty will not apply to damage, whether intentional or accidental, not caused directly by Amsys.
6.1 Notification of Claims
Any claims regarding improper repair, repair quality, reduced Product functionality, invoices or otherwise related to the Services must be notified to Amsys (at the address and contact details stated above) in writing. Claims must be notified within 7 days of the date of return (after servicing by Amsys) of the affected Product to Customer, or if applicable law imposes a longer, mandatory period, that later period prescribed by law. All complaints not so notified are waived by Customer.
Amsys’s sole liability (except to the extent otherwise required by applicable law) for warranty noncompliant Services or Services rendered contrary to these Terms will be (at Amsys.’s sole discretion) to either re-execute the relevant Services or to replace, or to repair warranty non-compliant parts (if covered by the warranty in section 5 above). Amsys will re-execute warranty non-compliant Services or replace or repair warranty-non-compliant parts, not notified within that stipulated period, only at its sole discretion.
6.3 No other liability
Section 5 states the full extent of Amsys’s undertakings and warranties with respect to the Services (including any proven claim that Services were improperly performed) and all other express or implied warranties are excluded (except to the extent otherwise required by applicable law). Amsys’s sole obligation and liability for warranty non-compliant Services (including warranty-noncompliant parts and components) or Services rendered contrary to these Terms will be as stated in 6.2 above. Amsys is not responsible for and disclaims (to the extent permitted by applicable law) any and all other direct or other damages (including any transport and other costs and expenses), or liability for loss or damage however caused arising out of the Services. In no event will Amsys be liable for any special, incidental or consequential damages, including loss of profit, opportunity, revenue, or downtime (except to the extent such limitation is prohibited or limited by applicable law).
7. SERVICE FEES
7.1. Amsys Ltd.’s fees
Unless otherwise specified by Amsys in writing, Amsys’s then current Service fees, including parts and components prices, will be applied to services, including parts repair or replacement and Customer shall be liable to pay such fees. Fees and prices are subject to change by Amsys at any time without prior notice and such fees and prices shall apply in respect of Services (or parts of Services) rendered (and spare parts allocated) after such change. If Amsys amends fees and prices while a Contract is in effect, Amsys will notify relevant Customer (of that fee or price change) whether by telephone, e-mail or otherwise, and that Customer may cancel the Contract (without liability to Customer or Amsys beyond the Customer’s liability to pay for that part of the Services (including payment for spare parts) rendered to the date of notification of cancellation, which shall remain payable by Customer) by written notice to Amsys within 7 days after Amsys’s notification of the amended fee or price.
7.2. Sales tax and other charges
Customer will pay any applicable sales, value added, excise, or similar tax in relation to the Products, in addition to the quoted fee or price.
7.3. Transport costs
Customer will bear the cost of transport of Products to and from Customer’s pick-up location, and other components of the diagnostic fee referred to in section 1.2. Items in this section 7.3 will be invoiced to Customer. Customer will pay these costs whether or not Customer has declined to accept a quote for Services on those Products, and whether or not Services are conducted on the Products.
7.4 Other costs
Any additional cost or liability incurred by Amsys due to its suspension of Services (further to section 8 or as otherwise permitted in these Terms) or lack of or incorrect instructions from Customer or due to any interruptions or delays attributable to Customer, or where Amsys incurs charges either during or after the repair, caused by the discovery of non-Apple or counterfeit parts in that Product, will be added to the fees and prices for the Services (whether or not stated on the quote described in section 1.4 above) and paid for by Customer.
8.1 Payment.–Ad Hoc Customers
Unless otherwise agreed in writing, all payments from Customer to Amsys must be made by credit card or other means specified by Amsys, and in the currency specified in the quote or invoice. Payment must be made within 15 days from the invoice date in the case of credit account customers and before return of the Product for all others. Amsys may also require that Customer makes payment of all fees, including diagnostic and transport fees (described in sections 1.2 and 7) and Service fees in full or (at Amsys’s discretion) in part prior to Amsys’s provision of Services (to the extent permitted by applicable law). To avoid doubt, Amsys has no obligation to (and will not) coordinate Service and other fee payments from Customer insurance providers who actually or allegedly insure warranty, Service and/or other issues with respect to Customer’s products. Customer remains obligated to make full payment to Amsys of Service, diagnostic and other fees, and responsible for pursuing (at Customer sees fit) reimbursement of such fees from its insurers, as appropriate.
8.2 Drawdown customer
In the event that Customer has elected to enter into a “Drawdown” contract for non-warranty repairs and services, and the customer has paid the contract fee as agreed between Amsys and Customer, Amsys will charge all services delivered as part of the agreement to that account, following authorisation by Customer, in accordance with its published schedule of charges.
8.2 Disputed Invoice.
Customer shall raise any invoice dispute within 5 business days of receipt of an invoice and may withhold from payment any invoice which it disputes until such time as the dispute is resolved. Both Parties shall act in good faith to resolve any invoice discrepancies in a timely manner. Where it is agreed that an invoice has been rendered incorrectly, (supplier) shall then issue a credit note for the full amount of the incorrect invoice and a corrected invoice will be submitted for payment. Alternatively, when an invoice is in dispute, the supplier may, at its own discretion re-submit a new invoice for the un-disputed items with a due date as per the original invoice. A credit note will be issued for the full amount of the original invoice. Once the dispute has been resolved, a separate invoice will be issued for the amount that has been agreed by both parties.
9. LATE PAYMENT
In case of late or no payment, Amsys reserves the right to add a finance charge of £25 and late payment interest of 2% above the Bank of England base rate per month as of the due date or the highest finance charge permitted by applicable law, whichever is less.
In case of late or no payment, Amsys also reserves the right to cancel or suspend all Services on all Products for a Customer, and withhold or retain all Products repaired or on which Services were or are to be conducted, if Customer does not make payment when due under any Contract.
10. STORAGE FEES / UNCLAIMED PRODUCTS
10.1. Storage fees
Amsys reserves the right to charge storage fees for a) Products retained by Amsys for non-payment of Services or otherwise from the date payment was due, where payment (including all finance and other charges) has still not been made 30 days after the payment due date, and b) Products sent to Amsys with instructions that Customer will collect Products from Amsys and the Products are still unclaimed 30 days after a Customer has been notified of a quote.
10.2. Abandoned Products
Amsys reserves the right to treat Products as abandoned, if retained by Amsys more than 90 days (or such other period required by applicable law) after a) the due date for payment for Services, or b) Customer has cancelled the Contract; or has failed to authorize Amsys to proceed with some or all Services, and has not paid transport or incidental charges for return of the Products to Customer. Abandoned Products will be sold or used and/or proceeds applied at Amsys’s sole discretion.
11. SERVICE PERIOD
Periods within which Amsys will complete Services will depend on the service level required (moderate, severe, very severe etc). However (to the maximum extent permitted by applicable law) Amsys accepts no liability for non-completion of Services within any usual or customary Services periods, or Service periods stipulated, estimated or suggested by Amsys staff or otherwise, or other delay in the return of Products to Customer. The return of Products after such time periods, or late return of Products, will not be a basis for cancellation of any Contract by Customer, or basis for reducing the Services fees or prices payable (to the extent permitted by applicable law).
Amsys may at Amsys’s sole discretion, use third party courier companies to collect and transport Products to and from Customers’ premises or relevant service centres. In the event that damage or loss of Products occurs during transport, Amsys’s sole responsibility shall be to replace the Product with a new or factory reconditioned similar Product of the same or higher specification or repair the damage of the Product that occurred in the event of cosmetic or other moderate-value damages, both at Amsys’s sole discretion. Alternatively, at Amsys’s sole discretion cash compensation may be offered to the invoice value of the lost Product. If Services have been performed or a quote has been prepared by Amsys in relation to a Product that is subsequently lost or damaged in transit, entitlement to a replacement Product shall be conditional upon the applicable Service fee and diagnostic fee being paid in full by the Customer.
13. CONFIDENTIAL INFORMATION
Customer will not, without Amsys’s written consent, copy, reproduce or disclose to any third party any secret or confidential information (including drawings, specifications and financing information) supplied by Amsys to Customer.
14. CUSTOMER CANCELLATION OF ACCOUNT
Amsys may (but is under no obligation to) accept cancellations of Accounts by Customers. Amsys will not in any case accept cancellations unless it receives and accepts cancellations in writing and Customer a) pays Amsys’s fees or prices for Services already performed on the Account, including parts and components incorporated into Customer’s Product; b) pays for parts and components not yet incorporated into Customer’s Product but dedicated to that Product, and c) any other costs which Amsys incurs by reason of Customer’s cancellation.
Any notices or other communications required or permitted under these Terms will be in writing and sent by personal delivery, prepaid post, by facsimile or by email. Notices and communications are considered received: 1) If sent by courier or other personal delivery mode, on the date of personal delivery to the addressee’s place of business or residence, last notified by the addressee; or 2) if sent by post, 5 days after the date of registered posting (by airmail, delivery receipt requested) to the addressee’s place of business last notified by that addressee; or 3) if sent by facsimile or email, contemporaneously with facsimile transmission to the facsimile number last notified by the addressee, with the receipt of the appropriate transmission contact report.
16. PROPER LAW AND OTHER
This Agreement and any matter arising from or in connection with it shall be governed by and construed in accordance with the laws of England. Each party irrevocably agrees to submit to the exclusive jurisdiction of the English courts over any claim or matter arising from or in connection with this Agreement or the legal relationships established by or in connection with this Agreement.